On July 19, 2010, Representative Bobby Rush (D-Ill.) introduced a bill "to foster transparency about the commercial use of personal information" and "provide consumers with meaningful choice about the collection, use and disclosure of such information." The bill, cleverly nicknamed the "BEST PRACTICES Act", presumably intends to set the standards for the use of consumer personal information by marketers. A similar bill was introduced by Representatives Boucher and Stearns in early May. Although both proposals would require opt-out consent for online behavioral advertising and express, affirmative consent for the collection or sharing of sensitive information, Rush's bill has a broader definition of "sensitive information" and includes several other key differences. Perhaps most notably, unlike the earlier draft legislation, Rush's bill features a private right of action that would allow individuals to sue companies that violate the law for up to $1,000 in actual damages, plus punitive damages and costs and attorney's fees. The bill contains a safe harbor from the private right of action for companies that participate in, and comply with, a self-regulatory "Choice Program" approved by the FTC. In addition, the bill excludes from its definition of "covered information" any information collected from or about an employee by an employer "that directly relates to the employee-employer relationship." A hearing on the proposed bill will be held on Thursday July 22, 2010.
You May Also Be Interested In
As reported on the Hunton Employment & Labor Perspectives blog, SB 574 is a California bill that would set specific duties for attorneys who use generative artificial intelligence and would restrict how arbitrators may use such tools in decision-making.
SB 574 is a California bill that would set specific duties for attorneys who use generative artificial intelligence and would restrict how arbitrators may use such tools in decision-making. It would amend provisions in the Business and Professions Code and the Code of Civil Procedure to address confidentiality, accuracy, bias, and citation verification for attorneys, and to prohibit delegation of arbitral decision-making to AI while adding disclosure and responsibility requirements for arbitrators.
On Feb. 23, 2026, New York Governor Kathy Hochul announced that the New York Department of Financial Services (“NYDFS”) had published proposed rules implementing the state’s Buy Now, Pay Later (“BNPL”) law. The proposal would establish the nation’s first comprehensive regulatory framework for the rapidly growing pay-over-time consumer market niche.
The Federal Trade Commission has issued a new Policy Statement encouraging the adoption of robust age‑verification technologies by pledging not to bring enforcement actions under the COPPA Rule against operators of general‑ or mixed‑audience sites that collect, use or disclose personal information solely to determine users’ ages, so long as long as they follow strict safeguards.
Search
Recent Posts
Categories
- Behavioral Advertising
- Centre for Information Policy Leadership
- Children’s Privacy
- Cyber Insurance
- Cybersecurity
- Enforcement
- European Union
- Events
- FCRA
- Financial Privacy
- General
- Health Privacy
- Identity Theft
- Information Security
- International
- Marketing
- Multimedia Resources
- Online Privacy
- Security Breach
- U.S. Federal Law
- U.S. State Law
- Workplace Privacy
Tags
- Aaron Simpson
- Accountability
- Adequacy
- Advertisement
- Advertising
- Age Appropriate Design Code
- Age Verification
- American Privacy Rights Act
- Anna Pateraki
- Anonymization
- Anti-terrorism
- APEC
- Apple Inc.
- Argentina
- Arkansas
- Article 29 Working Party
- Artificial Intelligence
- Attorney General
- Audit
- Australia
- Austria
- Automated Decisionmaking
- Baltimore
- Bankruptcy
- Belgium
- Biden Administration
- Big Data
- Binding Corporate Rules
- Biometric Data
- Blockchain
- Bojana Bellamy
- Brazil
- Brexit
- British Columbia
- Brittany Bacon
- Brussels
- Business Associate Agreement
- BYOD
- California
- CAN-SPAM
- Canada
- Cayman Islands
- CCPA
- CCTV
- Centre for Information Policy Leadership (CIPL)
- Chatbot
- Chile
- China
- Chinese Taipei
- Christopher Graham
- CIPA
- Class Action
- Clinical Trial
- Cloud
- Cloud Computing
- CNIL
- Colombia
- Colorado
- Committee on Foreign Investment in the United States
- Commodity Futures Trading Commission
- Compliance
- Computer Fraud and Abuse Act
- Congress
- Connecticut
- Consent
- Consent Order
- Consumer Protection
- Consumer Rights
- Cookies
- COPPA
- Coronavirus/COVID-19
- Council of Europe
- Council of the European Union
- Court of Justice of the European Union
- CPPA
- CPRA
- Credit Monitoring
- Credit Report
- Criminal Law
- Critical Infrastructure
- Croatia
- Cross-Border Data Flow
- Cross-Border Data Transfer
- Cyber Attack
- Cybersecurity
- Cybersecurity and Infrastructure Security Agency
- Data Breach
- Data Brokers
- Data Controller
- Data Localization
- Data Privacy Framework
- Data Processor
- Data Protection Act
- Data Protection Authority
- Data Protection Impact Assessment
- Data Protection Officer
- Data Security
- Data Transfer
- David Dumont
- David Vladeck
- Deceptive Trade Practices
- Delaware
- Denmark
- Department of Commerce
- Department of Defense
- Department of Health and Human Services
- Department of Homeland Security
- Department of Justice
- Department of the Treasury
- Design
- Digital Markets Act
- District of Columbia
- Do Not Call
- Do Not Track
- Dobbs
- Dodd-Frank Act
- DORA
- DPIA
- E-Privacy
- E-Privacy Directive
- Ecuador
- Ed Tech
- Edith Ramirez
- Electronic Communications Privacy Act
- Electronic Privacy Information Center
- Electronic Protected Health Information
- Elizabeth Denham
- Employee Monitoring
- Encryption
- ENISA
- EU Data Protection Directive
- EU Member States
- European Commission
- European Data Protection Board
- European Data Protection Supervisor
- European Parliament
- Facial Recognition Technology
- FACTA
- Fair Credit Reporting Act
- Fair Information Practice Principles
- Federal Aviation Administration
- Federal Bureau of Investigation
- Federal Communications Commission
- Federal Data Protection Act
- Federal Trade Commission
- FERC
- Financial Data
- FinTech
- Florida
- Food and Drug Administration
- Foreign Intelligence Surveillance Act
- France
- Franchise
- Fred Cate
- Freedom of Information Act
- Freedom of Speech
- FTC
- Fundamental Rights
- GDPR
- Genetic Data
- Geofencing
- Geolocation
- Geolocation Data
- Georgia
- Germany
- Global Privacy Assembly
- Global Privacy Enforcement Network
- Gramm Leach Bliley Act
- Grok
- Hacker
- Hawaii
- Health Data
- HIPAA
- HITECH Act
- Hong Kong
- House of Representatives
- Hungary
- Illinois
- India
- Indiana
- Indonesia
- Information Commissioners Office
- Information Sharing
- Insurance Provider
- Internal Revenue Service
- International Association of Privacy Professionals
- International Commissioners Office
- Internet
- Internet of Things
- Iowa
- IP Address
- Ireland
- Israel
- Italy
- Jacob Kohnstamm
- Japan
- Jason Beach
- Jay Rockefeller
- Jenna Rode
- Jennifer Stoddart
- Jersey
- Jessica Rich
- John Delionado
- John Edwards
- Kentucky
- Korea
- Large Language Model
- Latin America
- Laura Leonard
- Law Enforcement
- Lawrence Strickling
- Legislation
- Liability
- Lisa Sotto
- Litigation
- Location-Based Services
- London
- Louisiana
- Madrid Resolution
- Maine
- Malaysia
- Maryland
- Massachusetts
- Meta
- Mexico
- Michigan
- Microsoft
- Minnesota
- Missouri
- Mobile
- Mobile App
- Mobile Device
- Montana
- Morocco
- MySpace
- Natascha Gerlach
- National Institute of Standards and Technology
- National Labor Relations Board
- National Science and Technology Council
- National Security
- National Security Agency
- National Telecommunications and Information Administration
- Nebraska
- NEDPA
- Netherlands
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- New Zealand
- Nigeria
- Ninth Circuit
- North Carolina
- North Dakota
- North Korea
- Norway
- Obama Administration
- OCPA
- OECD
- Office for Civil Rights
- Office of Foreign Assets Control
- Ohio
- Oklahoma
- Online Behavioral Advertising
- Online Privacy
- Opt-In Consent
- Opt-Out
- Oregon
- Outsourcing
- Pakistan
- Parental Consent
- Payment Card
- PCI DSS
- Penalty
- Pennsylvania
- Personal Data
- Personal Health Information
- Personal Information
- Personally Identifiable Information
- Peru
- Philippines
- Poland
- PRISM
- Privacy
- Privacy By Design
- Privacy Notice
- Privacy Policy
- Privacy Rights
- Privacy Rule
- Privacy Shield
- Profiling
- Protected Health Information
- Ransomware
- Record Retention
- Red Flags Rule
- Rhode Island
- Richard Thomas
- Right to Be Forgotten
- Right to Privacy
- Risk Assessment
- Risk-Based Approach
- ROSCA
- Rosemary Jay
- Russia
- Safe Harbor
- Salesforce
- Sanctions
- Schrems
- Scott Kimpel
- Securities and Exchange Commission
- Security Rule
- Senate
- Sensitive Data
- Serbia
- Service Provider
- Singapore
- Smart Grid
- Smart Metering
- Social Media
- Social Security Number
- South Africa
- South Carolina
- South Dakota
- South Korea
- Spain
- Spyware
- Standard Contractual Clauses
- State Attorneys General
- Steven Haas
- Stick With Security Series
- Stored Communications Act
- Student Data
- Supreme Court
- Surveillance
- Sweden
- Switzerland
- Taiwan
- Targeted Advertising
- Telecommunications
- Telemarketing
- Telephone Consumer Protection Act
- Tennessee
- Terry McAuliffe
- Texas
- Text Message
- Thailand
- Transparency
- Transportation Security Administration
- Trump Administration
- United Arab Emirates
- United Kingdom
- United States
- Unmanned Aircraft Systems
- Uruguay
- Utah
- Vermont
- Video Privacy Protection Act
- Video Surveillance
- Virginia
- Viviane Reding
- Washington
- Whistleblowing
- Wireless Network
- Wiretap
- ZIP Code